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Varying planning permissions

Landmark Chambers and Herbert Smith Freehills host a webinar to discuss the current state of the law on varying planning permissions, the impact of recent case law including Lambeth and Finney, explain the practical implications for developers, landlords, tenants and funders, and propose some possible ideas for reform.

The UK planning code does not include an express statutory power to vary planning permissions, save for the very limited ability to make “non-material amendments” under section 96A of the 1990 Act.

In practice, variations are achieved using the power under section 73 of the 1990 Act to apply for a new planning permission without complying with conditions subject to which a previous permission was granted. But the cracks in this make-do-and-mend approach have grown wider as a result of recent case law.

The panel discuss the current state of the law on varying planning permissions, the impact of recent case law including Lambeth and Finney, explain the practical implications for developers, landlords, tenants and funders, and propose some possible ideas for reform.

About the speakers

Neil Cameron QC 200

Neil Cameron QC

Neil has extensive experience in planning, compulsory purchase, parliamentary and environmental work. He was joint head of Landmark Chambers from 2015-2018.

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The Rt Hon Lord Carnwath of Notting Hill

The Rt. Hon. Lord Carnwath of Notting Hill

Lord Carnwath retired as a Justice in March 2020 after a distinguished judicial career which culminated in him spending 8 years sitting in the UK Supreme Court and as a member of the Judicial Committee of the Privy Council. 

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ZACK SIMONS 2715

Zack Simons

Zack acts for a wide range of developers at Landmark Chambers, including some of the UK’s leading housebuilders, a wide range of regional housebuilders and some of the country’s leading land promoters, Central Government, and many local planning authorities.

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matthew white

Matthew White

Matthew is head of the planning team in London at Herbert Smith Freehills and a partner in the real estate practice.

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annika holden

Annika Holden

Annika is a senior associate in our London real estate team and advises on planning and consents.

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